Jammu May-01-2023-:- Taking serious note for not complying with the court directions, Chief Judicial Magistrate (Sub-Judge) Jammu Anjum Ara ordered attachment of personal salary of Principal Secretary to Education and Director School Education.
When the case came-up for hearing, CJM Jammu observed that counsel for judgement debtors no. 1 & 2 submitted a status report on behalf of judgement debtors no. 1 & 2. Same is taken on record. A copy of communication no. Edu-LGL0Jmu(Cou)/15/2021-04 dated 27.04.2023 is also annexed with the report by virtue of which it has been stated that the case of the petitioner was submitted to GAD vide office no. Edu- LGL/13/2021-01 on 05.04.2023 for creation of post in favour of decree holder and presently the file is lying with GAD for consideration of the matter. Copy of communication has been provided to the other side in the open court.
Court after hearing Adv Koushal Parihar appearing for the petitioner, observed that Counsel for decree holder submitted that the post of a teacher on supernumerary basis has already been created as stated in communication no. Edu-LGL/13/2021-01 dated 22.12.2021. Ld. Counsel referred to the communication above and submitted that the case of decree holder cannot be reopened again by the judgment debtors and they are just trying to delay the proceedings of the case.
Court after perusal of communication no. Edu-LGL/13/2021-01 dated 22.12.2021 transpires that Additional Secretary to Govt has already by way of above communication to Director School Education Jammu mentioned that the matter was taken up with finance Department and the finance department vide letter dated 08.12.2021 conveys its concurrence to the creation of one post of a teacher on supernumerary basis w.e.f 26.03.1987 and monetarily from the date he takes over the charge of the post to comply with the orders of the court subject to conditions that the post of the teacher shall ceased to exist when incumbent vacates the post due to his promotion,retirement, or due to availability of vacancy in the department and the order is issued with the prior approval of the competent authority. Thus, the Finance Department has already given concurrence to the creation of the post and only approval was to be obtained from the competent authority.
Court observed that on the last date of hearing, Judgment debtors no. 1 & 2 and GAD seek further time to execute the decree and sought more time for execution of the same and they were directed to file compliance reports before the court. However, instead of filing the compliance report before this court today, judgment debtors no. 1 & 2 through their counsel have submitted a status report without complying with the orders of this court. Judgment debtors no. 1 & 2 are absent. Ld. Counsel for GAD also failed to submit any compliance report today in the court and directed GAD to submit compliance report on next date of hearing.
Court further keeping in view the facts and circumstances of the case and in order to meet the ends of justice so that decree is executed in its letter and spirit, it is directed that the personal salary account of judgment debtors Principal Secretary to Education and Director School Education be attached till further orders and directed that a copy of this order shall go to Additional Treasury, Talab Tillo, Jammu for compliance. JNF